Law on
Preventing and Combating Family Violence nr 45-XVI of 1 March 2007
Published 18 March 2008 in the
Official Monitor Number 55-56/178
CHAPTER I
GENERAL
PROVISIONS
Article 1.
Subject matter of the law
This law establishes the legal
and organizational framework for preventing and combating family violence, the authorities and
institutions responsible for preventing and combating family violence, and the mechanism for identifying
and solving cases of violence.
Article 2.
Principal terms
For the purpose of this law, the
following terms shall mean:
Family violence –
any
deliberate action or inaction, except actions taken in self-defense or in defense of other persons, whether
physical or verbal, that is manifested through physical, sexual, psychological, spiritual or
economic abuse or by causing material or moral damage, committed by a family member against other
family members, including against minors, or against common or personal property;
Physical
violence – deliberate
infliction of bodily injuries or damage to health by hitting, pushing, tossing, pulling by the hair,
stinging, cutting, burning, strangling, biting, in any form and of any intensity; by poisoning,
intoxicating, or other similar actions;
Sexual violence –
any
violence of a sexual character or any illegal sexual conduct within the family or within other interpersonal
relationships, such as marital rape; prohibiting the use of contraception; sexual harassment;
any unwanted, imposed sexual conduct; forced prostitution; any illegal sexual conduct with a
minor family member, including fondling, kissing, setting the child into poses or other unwanted
touching with sexual connotations; or other similar actions;
Psychological
violence – imposing
one’s volition or personal control by causing tension and mental suffering including
ridiculing, swearing, insulting, derogatory nicknaming; blackmailing; the intentional destruction of
objects; verbal threats; the demonstrative showing of fire arms or hitting domestic animals;
neglect; meddling in the personal lives of others; acts of jealousy; imposing isolation by detention,
including detention in the family dwelling; isolation from the family, community, friends;
prohibiting professional accomplishment, prohibiting attendance at educational institutions; seizure
of identity documents; deprivation of access to information; or other similar actions;
Spiritual
violence –
the underestimation of, or demeaning the importance of, the need to satisfy moral and spiritual needs by
prohibiting, limiting, ridiculing or punishing the aspirations of family members, by prohibiting,
ridiculing or punishing access to cultural, ethnic, linguistic or religious values; by imposing a system of
unacceptable personal values; or by other actions with similar effects or repercussions;
Economic
violence – the
deprivation of economic means, including the deprivation essentials such as food, medicine and living
necessities; the abuse of a position of authority such as taking away personal property, prohibiting
the possession, use or disposal of common property, unfair control over common property and
resources; refusal to support the family; imposing hard or harmful labor or damaging health,
including such actions affecting minor members of the family; or other similar actions;
Moral damage – causing
suffering to a family member, including a minor child, within the family or in other interpersonal
relationships, which leads to humiliation, fear, abasement, inability to defend oneself against physical
violence, or feelings of frustration;
Material damage –
damage
that can be evaluated or estimated in financial/monetary terms, resulting from any act of
violence in the family, or in a cohabitation relationship, and to include the costs for examination of the
case of family violence;
Aggressor – person who
commits acts of violence in the family or in a cohabitation relationship;
Victim – a person, adult
or minor, subject to acts of violence within the family or within a cohabitation relationship;
Protective order
–
a legal act, by which the court applies victim protection measures.
Article 3.
Applicability of this law
(1) This law applies to: the
aggressor and the victim citizens of the Republic of Moldova and to foreign citizens and stateless
persons who live in the Republic of Moldova.
(2) This law applies:
a. In cases of cohabitation –
persons in relationship of marriage, divorce, intimate cohabitation, guardianship and
tutorship, their direct or collateral relatives, relatives’ spouses, or other
persons who are maintained by the such persons;
b. In cases of separate
habitation – persons in a relationship of marriage; their children, including adopted children; those born outside the marriage; those under guardianship or tutorship; or
other persons who are maintained by such persons.
Article 4. Legal
framework
(1) The legislation on preventing
and combating family violence consists of the Constitution of the Republic of Moldova, this
law, other normative acts, and international treaties to which the Republic of Moldova is a
party.
(2) If the international treaty
to which the Republic of Moldova is a party contains provisions different from those of this law,
the provisions of the international treaty shall apply.
Article 5. Basic
principles of preventing and combating family violence
(1) Preventing and combating
family violence is based on the following principles:
a. Legality;
b. Equality;
c. Confidentiality;
d. Access to justice;
e. Protection and security of the
victim; and
f. Cooperation of public
administration authorities with civil society and international
organizations.
Article 6. Scope
of law
The provisions of this law are
applicable in the same manner to the citizens of the Republic of Moldova, foreign citizens and
stateless persons, who live on the territory of the Republic of Moldova.
CHAPTER II
AUTHORITIES AND
INSTITUTIONS RESPONSIBLE FOR PREVENTING AND
COMBATING FAMILY
VIOLENCE
Article 7.
Authorities and institutions responsible for preventing and combating family
violence
(1) The authorities and
institutions responsible for the administration of this law are:
a. Central specialized public
administration authorities such as (the Ministry of Social Protection, Family and Child, the
Ministry of Education and Youth, the Ministry of Healthcare, the Ministry of the
Interior, the Ministry of Local Public Administration, the Ministry of
Justice);
b. Specialized local public
administration authorities, such as:
- The social assistance
and family protection sections/departments;
- The general
education, youth and sports departments;
- Healthcare
organizations;
- Internal affairs’
organizations;
c. Local public administration
and social issue commissions;
d. Centers/services for victim
and aggressor rehabilitation;
e. Other organizations with
specialized activities in the field.
(2) The Ministry of Social
Protection, Family and Child is the central public authority
responsible for the development
and promotion of policies in the field of preventing and
combating family violence and
providing social assistance.
Article 8. The
role of central and local public administration authorities
(1) Within the limits of their
authority, central specialized public administration authorities such as (the Ministry of Social
Protection, Family and Child, the Ministry of Education and Youth, the Ministry of
Healthcare, the Ministry of Interior, the Ministry of Local Public Administration and the Ministry
of Justice) are to:
a. Ensure the development and
promotion of policies in the field of family support, in preventing family violence, and
in offering protection and assistance to victims and aggressors;
b. Coordinate the field activity
of decentralized/deconcentrated structures;1
c. Coordinate, assess and monitor
the activity of centers/services for victim and aggressor rehabilitation;
d. Establish procedures for
identifying, recording and reporting cases of family violence according to gender
statistic criteria;
e. Strengthen the capacities of
human resources in the field of preventing and combating family violence;
f. Collaborate with
non-governmental organizations and natural and legal persons involved in activity of preventing
and combating violence.
(2) Local public administration
authorities are to:
a. Appoint commissions for social
issues and organize their activities at the local level;
b. Create multi-disciplinary
teams in the field;
c. Organize centers/services for
victim and aggressor rehabilitation according to international standards;
d. Organize awareness campaigns,
studies and other actions in the field of family
violence prevention;
e. Develop social partnerships
with non-governmental organizations including foundations, trade unions,
employers’ unions and with international organizations that work in the field of
preventing and combating family violence;
f. Ascertain, through a decision
of the commission for social issues, whether the application of protective
measures presents danger to the victim’s life or health.
(3) Social assistance and family
protection sections/departments are to:
a. Collaborate with the
administrative bodies of the interior to identify persons inclined to commit acts of family
violence;
b. Update the database concerning
acts of family violence at the territorial level;
c. If appropriate, place the
victim into a rehabilitation center and offer the appropriate assistance;
d. Conduct psychological and
psycho-social counseling in order for victims to overcome the consequences of acts
of family violence, by their own means or by referring the case to the
specialists of rehabilitation centers;
e. Facilitate the aggressor’s
access to rehabilitation programs, at the request of the law enforcement bodies;
f. Protect the lawful rights and
interests of victims, including minor victims;
g. Carry out informational
programs to prevent family violence, jointly with other empowered authorities and in
collaboration with non-governmental organizations in the field;
h. Determine the need to create
centers/services for victim and aggressor rehabilitation, ensure that such
centers/services have methodology and information support;
i. Monitor and coordinate
professional activities, to be carried out by social assistants within mayoralties; for
preventing family violence, for supporting/counseling victims and for re-socializing
aggressors;
j. Present mid-year reports to
the Ministry of Social Protection, Family and Child regarding the activities of the
sections/departments and social assistants according to established partnerships;
k. Monitor victims and offer
assistance after victims leave the rehabilitation centers.
(4) General education, youth and
sports departments are to:
a. Ensure that teachers are
informed and trained: regarding the classification of acts of family violence; how to apply the
methods and means to prevent such acts; and to notify the appropriate
authorities;
b. Jointly with other authorities
with competence in the field and in collaboration with field non-governmental
organizations, conduct educational programs for parents and children on preventing and
combating family violence;
c. Ensure counseling activities
for the psychological and psycho-social rehabilitation for minor victims of family
violence;
d. Through teachers, report cases
of family violence to the appropriate authorities, including cases of family
violence against children; in such instances the guardianship authority and the
police are to be appropriately and immediately notified.
(5) Medical institutions of all
types and levels are to:
a. Organize awareness campaigns;
b. Report cases of family
violence, through medical employees, to the guardianship authority and to the police;
c. Ensure medical counseling and
assistance for victims;
d. Initiate and accomplish
programs and services for aggressors; ensure completion of programs for treatment of
alcoholism, detoxification, psycho-therapeutic treatment, as applicable, at the expense of
the abuser or, as applicable, from the funds of mandatory medical insurance;
e. Initiate permanent
partnerships with all programs dealing with mother and child health;
f. Contract for medical services
to be provided by centers/services for victim and aggressor rehabilitation.
(6) The administrative bodies of
the interior, at the specialized unit level are to:
a. Identify, record and report
cases of family violence;
b. Ensure basic records of
aggressors;
c. Notify the guardianship and
tutorship authorities in cases of minor victims of family violence;
d. Examine requests and
notifications submitted by citizens, medical institutions, forensic medicine centers that
deal with conflicts within families, acts of violence, death threats or the immediate
danger of the same;
e. Visit families whose members
are on record, perform activities for preventing
repeated acts of family violence;
f. In emergencies, and contingent
on the gravity of the case, ensure the administrative arrest of the aggressor;
g. Obtain a protective order from
the court in emergencies, based on the victim’s request or on the notification of
the case; ensure the enforcement of the protective order;
h. In family violence cases,
explain the victim’s rights to the victim and, at the victim’s request, assist them
with placement in a rehabilitation center;
i. Inform the victim of their
right to free legal assistance;
j. Ensure access to
rehabilitation services for the aggressors, including those under
administrative arrest;
k. Ensure the security, safety
and public order in victim rehabilitation centers;
l. Monitor and administrate,
jointly with social assistants, cases of family violence in the serviced territory and update
the field database;
m. Collaborate with the
appropriate authorities in the field and with civil society to
prevent and combat family
violence.
Article 9. The
role of the Penitentiary Institutions Department
The Penitentiary Institutions
Department is responsible for:
a. Organizing services and
programs for the rehabilitation and the re-socialization of imprisoned aggressors;
b. Collaboration with other
appropriate authorities in the field.
Article 10. The
role of the centers/services for victim and aggressor rehabilitation
(1) The center for rehabilitation
of victims of family violence, hereinafter referred to as the Center, is a specialized
institution that offers accommodation, food, legal, social, psychological and medical
emergency assistance, safety and protection, and assistance in contacting relatives.
(2) Centers may be created:
a. By the Government, at the
proposal of the Ministry of Social Protection, Family and Child;
b. By the local public
administration authorities, at the proposal of the commission for social issues;
c. By international organizations
and non-governmental organizations, with the notification of the Ministry of
Social Protection, Family and Child;
d. By public administration
authorities and non-governmental or private organizations, based on an agreement of joint
activity.
(3) A Center is to:
a. Ensure protection and
accommodation for the victim, until the resolution of the family situation, but for no more
than 3 months;
b. Offer psychological,
pedagogical, social and legal assistance and medical care for the family members who are or
might become victims;
c. In emergency cases, when the
isolation of the aggressor is necessary as a protective measure, undertake, at the victim’s
request, the placement of the victim and, with the consent of the legal
representative or of the guardianship authority, the placement of the child;
d. Prohibit aggressor access into
the premises;
e. Notify law enforcement bodies
of the acts of family violence;
f. Study and summarize the causes
and circumstances of the acts of family violence.
(4) The founder shall approve
regulations for the organization and operation of a Center, based on a framework regulation
approved by Government decision.
(5) The costs of a Center’s
activity are to be covered from the founder’s general budget.
(6) The organization and
operation of the Center may be also materially and financially supported by economic agents and
entrepreneurs as set out by the Law on Philanthropy and Sponsorship.
(7) To ensure the security of the
premises where victims are accommodated, a Center shall benefit from free police
assistance.
(8) The aggressor rehabilitation
service is to:
a. Offer specialized programs for
treating alcoholism, detoxification and psychotherapeutic treatment;
b. Offer psychological and social
assistance and vocational/career rehabilitation services to the aggressor;
c. Collaborate with specialized
territorial authorities to promote a healthy lifestyle, to prevent and treat alcohol and
drug addiction and sexually transmitted diseases;
d. Collaborate with institutions,
enterprises and with non-governmental organizations to organize train and retrain
aggressors for employment opportunities.
e. Inform appropriate authorities
about the termination of protective measures and the aggressor’s reintegration back
into the family;
f. Study and summarize the causes
and circumstances of the acts of family violence.
(9) The Government shall
establish and monitor the operation standards for the Centers/services for victims’ and
aggressors’ rehabilitation.
CHAPTER III
MECHANISM FOR
THE RESOLUTION OF ACTS OF FAMILY VIOLENCE
Article 11. The
victim’s right to protection
(1) The victim is guaranteed the
protection of his/her legitimate rights and interests.
(2) Responsible persons and other
persons who are aware of a threat or danger to the life or health of a potential victim must
notify the authorities responsible for preventing and combating family violence.
(3) Authorities responsible for
preventing and combating family violence must react promptly to any such notification.
(4) Cases of family violence may
be subject to mediation, at the request of the parties. Mediation shall be performed by
certified mediators or, absent such mediators, by the commission for social issues,
with the participation of the social assistant, as appropriate.
Article 12.
Persons who may submit claims of family violence
Persons entitled to submit claims
of family violence are:
a. the victim;
b. in emergencies, family
members;
c. responsible persons and
professionals who come into contact with the family;
d. the guardianship authority;
e. other persons who are aware of
an imminent threat of or potential for acts of violence or of the occurrence of such acts.
Article 13.
Submittal of claims
(1) A claim regarding acts of
family violence shall be submitted:
a. To the administrative bodies
of the interior;
b. To the court;
c. To the department of social
assistance and family and child protection;
d. To the local public
administration authority.
(2) The claim shall be submitted
at the place:
a. of victim’s domicile;
b. of the victim’s temporary
residence, if the victim has left his/her domicile to avoid the continuation of direct
violence;
c. of aggressor’s residence;
d. where the victim has sought
assistance;
e. where the act of violence took
place.
(3) No state fee will be charged
for the submission of claims to the court regarding acts of
family violence.
Article 14.
Examination of the claim
(1) The claim submitted to the
administrative bodies of the interior shall be examined according to the applicable
legislation.
(2) The claim submitted to the
court shall be examined according to the Civil Procedure and
Criminal Procedure Codes.
(3) The claim submitted to any
authority responsible for preventing and combating family
violence shall be referred within
one workday to the appropriate authority.
Article 15.
Protective measures
(1) The court shall, within 24
hours of receipt of the claim, issue a protective order, to assist the victim, by applying the
following measures against the aggressor:
a. Oblige the aggressor
temporarily to leave the joint dwelling or to keep away from the victim’s dwelling, without
making any determination as to ownership of property or assets;
b. Oblige the aggressor to keep
away from the victim’s person;
c. Oblige the aggressor to
refrain from contacting the victim, the victim’s children or other dependants of the victim;
d. Prohibit the aggressor from
visiting the victim’s place of work or residence.
e. Oblige the aggressor, until
the case is resolved, to contribute to the maintenance of his/her and the victim’s
children;
f. Oblige the aggressor to cover
the costs and damages caused by the aggressor’s acts
of violence, including medical
expenses and the cost of replacing or repairing
destroyed or damaged assets;
g. Restrict the unilateral
disposal of common assets;
h. Oblige the aggressor to
partake in a special treatment or counseling program, if the
court determines this is
necessary to reduce or eliminate violence;
i. Establish a temporary
visitation schedule for the aggressor’s underage children;
j. Prohibit the aggressor from
keeping or handling fire arms.
(2) The sector inspector, in
collaboration with the social assistant, is responsible for notifying
the aggressor of the protective
order and its application.
(3) The protective measures
specified in paragraph 1 will be applied for up to three months, may be cancelled upon the
elimination of the threat or danger that caused the application of such measures, and may be
extended in case of a repeated claim or if the conditions set in the protective order have not
been observed.
(4) The application of protective
measures does not prevent the commencement of divorce procedures, division of property,
annulment of parental rights, seizure of a child without annulment of parental rights or
other actions provided by applicable legislation.
(5) The supervision of the
execution of the protective measures established by the court is the task of the administrative bodies
of interior, the administrative bodies of social assistance and other administrative bodies,
as appropriate.
(6) If warranted, the court may
lift the protective measures at the victim’s request. If the victims are children or infirm
persons, the court is obligated to examine the case.
(7) An appeal of the protective
order may be made according to applicable legislation.
Article 16.
Funding
(1) The implementation of this
law shall be funded from the state budget, the budgets of territorial-administrative units,
within the limits of annually established funds, and from other sources that are not
prohibited by law.
(2) Centers/services for the
rehabilitation of victims and aggressors are to be funded from allotments provided from the
budgets of territorial-administrative units, from donations, grants, and from other sources,
according to applicable legislation.
Article 17.
Sanctions
(1) Non-observance by the
aggressor of the provisions of Article 15 paragraph 1 shall be sanctioned as provided in the
applicable legislation.
(2) When acts of family violence
contain elements of an administrative offence or of a criminal offence, applicable legislation
shall apply, notwithstanding any applicable protective measures.
(3) Non-observance of this law by
responsible persons or by professionals in the field is a breach of work discipline and
requires disciplinary liability as established by law.
CHAPTER IV
FINAL PROVISIONS
Article 18
(1) This law shall take effect
six months from the publication date.
(2) Within 3 months, the
Government:
a. Shall submit to the Parliament
proposals for bringing existing legislation in conformity with this law; and
b. Shall bring its normative acts
in conformity with this law.
SPEAKER OF THE PARLIAMENT Marian
LUPU, March 1, 2007
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